Opinion · Supreme Court of the United States
Rosenberg Bros. & Co. v. Curtis Brown Co.
Rosenberg Bros. & Co. v. Curtis Brown Co., 43 S. Ct. 170 (1923)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1923-01-02
- Topic
- general
holding that even a large percentage of a corporation's purchases in the forum state is not sufficient to justify general jurisdiction | holding that even a large percentage of a corporation’s purchases in the forum state is not sufficient to justify general jurisdiction | concluding that no jurisdiction existed over a defendant that frequently entered the forum merely to purchase goods | concluding that no jurisdiction existed over a defendant that frequently entered the forum merely to purchase goods | holding that defendant corporation’s visits to forum to purchase merchandise, “even if occurring at regular intervals, would not warrant the inference that the corporation was present within the jurisdiction of the [forum] State” | finding that a clothing retailer in Tulsa, Oklahoma, who purchased a substantial portion of its merchandise from New York wholesalers to sell in its Tulsa store was not subject to jurisdiction in New York | finding no jurisdiction where defendant’s contacts with state consisted of periodic purchases of large quantities of its retail stock from firms in the forum state and regular business trips to the forum state in connection to those purchases | discussing Rosenberg Bros., 260 U.S. 516, 43 S.Ct. 170, 67 L.Ed. 372 | the corporation's contacts with the forum "would not warrant the inference that the corporation was present within the jurisdiction of the State" | "The sole question for decision is whether . . . defendant was doing business within the State of New York in such manner and to such extent as to warrant the inference that it was present there" | “The sole question for decision is whether . . . defendant was doing business within the State of New York in such manner and to such extent as to warrant the inference that it was present there” | “The order entered below, although in form an order to quash the summons, and not a dismissal of the suit, is a final judgment, and the case is properly here.” | "The order entered below, although in form an order to quash the summons, and not a dismissal of the suit, is a final judgment, and the case is properly here." | “Visits on such business [purchasing activity], even if occurring at regular intervals, would not warrant the inference that the corporation was present within the jurisdiction of the state.” | “Visits [by a foreign corporation to purchase merchandise], even if occurring at regular intervals, would not warrant the inference that the corporation was present within the jurisdiction of the State.”
Citator
- Cited by
- 139 opinions
The sole question for decision is whether, at the time of the service of process, defendant was doing business within the State of New York in such manner and to such extent as to warrant the inference that it was present there.Philadelphia Reading Ry.Co. v.McKibbin,243 U.S. 264,265. The District Court found that it was not. That decision was clearly correct. The Curtis BrownPage 518Company is a small retail dealer in men's clothing and furnishings at Tulsa, Oklahoma. It never applied, under the foreign corporation laws, for a license to do business in New York; nor did it at any time authorize suit to be brought against it there. It never had an established place of business in New York; nor did it, without having such established place, regularly carry on business there. It had no property in New York; and had no officer, agent or stockholder resident there. Its only connection with New York appears to have been the purchase there from time to time of a large part of the merchandise to be sold at its store in Tulsa. The purchases were made, sometimes by correspondence, sometimes through visits to New York of one of its officers. Whether, at the time its president was served with process, he was in New York on business or for pleasure; whether he was then authorized to transact any business there; and to what extent he did transact business while there, are questions on which much evidence was introduced; and some of it is conflicting. But the issues so raised are not of legal significance. The only business alleged to have been transacted by the company in New York, either then or theretofore, related to such purchases of goods by officers of a foreign corporation. Visits on such business, even if occurring at regular intervals, would not warrant the inference that the corporation was present within the jurisdiction of the State. CompareInternational Harvester Co. v.Kentucky,234 U.S. 579;People's Tobacco Co. v.American Tobacco Co.,246 U.S. 79. And as it was not found there, the fact that the alleged cause of action arose in New York is immaterial. CompareChipman, Limitedv.Thomas B. Jeffery Co.,251 U.S. 373. 379.Affirmed.Page 519